Download pdf - Environment Law Project Final

7/29/2019 Environment Law Project Final

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Damodaram Sanjivayya NationalDamodaram Sanjivayya National

Law UniversityLaw University

Visakhapatnam, Andhra PradeshVisakhapatnam, Andhra Pradesh

Environmental Law : Project onEnvironmental Law : Project on

Deforestation & Sustainable Forest

Managment

SUBMITTED BY

Y.V.AnilKumar

44thth Year B.A.,LL.B(Hons)Year B.A.,LL.B(Hons)

ROLL NO: 200948ROLL NO: 200948


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TABLEOF CONTENTS

TABLEOF CONTENTS.....................................................................................................................2

INTRODUCTION ....................................................................................................................3

Deforestation: ...................................................................................................................... 3

Nexus between Deforestation and Environment ............................................................... 4

...................................................................................................................................................7

CHAPTER- III .........................................................................................................................8

SUSTAINABLEFORESTMANAGEMENT................................................................................................8

3.1. National Forest Policy, 1988 .........................................................................................9

3.2. The Arabari experiments in JFM .............................................................................. 12

3.3. Why sustainable forest management? ....................................................................... 14

3.4. Criteria and indicators approach for sustainable forest management .................15

3.5. International initiatives ............................................................................................... 16

3.6. Indian initiative ........................................................................................................... 17

CONCLUSION AND SUGGESTIONS ............................................................................... 19

CHAPTER- I

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INTRODUCTION

Deforestation:

Deforestation refers to the permanent destruction of naturally occurring forests andwoodlands, the cause of which is normally implied to be human activities 1 primarily such as

logging, cutting trees for fuel, slash-and-burn agriculture, clearing land for livestock grazing,

mining operations, oil extraction, dam building, and urban sprawl or other types of

development and population expansion.2 This means that deforestation includes the

destruction of forests, in which the treetops touch each other to form a canopy, as well as

woodlands, in which trees are spaced further apart. But the term deforestation does not apply

to the removal of trees from plantations or industrial forests3 plantations such as plantations

of gums and pines.4

Thousands of years ago, forests and grasslands covered most of the earth since ancient

times; Clearing forests goes hand-in-hand with human development5 gradually he discovered

fire and stone metals for self defence against wild animals. About 10,000 years ago

agriculture was discovered and that was the starting of the civilisation from then onwards

man has been adapting the environment to meet the growing needs of civilizations, from the

cutting down of the first trees for fire, through to the clearing of woodlands to settlers tobuild their homesteads, trees have long been at the mercy of man.6 In many parts of the world

huge areas of woodlands and forests have been cleared over the centuries to both provide

wood for essential purposes such as fuel, ships and building, and also to free the land for

other use.7 The nuts and fruits of the trees are useful for human foods, medicines, and dyes,

and the roots, nuts, young shoots and branches (and the flush of young grass after burning)

provide food for animals.8 The biggest driver of deforestation is agriculture meanwhile

majority of the population were dependant on agricultural sector9 farmers cut forests to

1 http://www.britannica.com/EBchecked/topic/155854/deforestation, accessed on 10-10-2011.2 http://environment.about.com/od/biodiversityconservation/f/deforestation-overview.htm., accessed on 10-10-

20113 http://www.globaled.org/issues/152/a.html., accessed on 10-10-2011.4 http://www.bcb.uwc.ac.za/envfacts/facts/deforestation.htm., accessed on 10-10-2011.5 http://www.ehow.com/about_5389808_history-deforestation.html., accessed on 10-10-2011.6 http://www.scribd.com/doc/10307557/Definition-of-Deforestation, accessed on 15-10-2011.7 http://edu.udym.com/the-history-of-deforestation, accessed on 15-10-2011.8 http://www.historytoday.com/michael-williams/history-deforestation, accessed on 15-10-2011.9

http://www.effects-of-deforestation.com/deforestation-history.php, accessed on 15-10-2011.

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provide more room for planting crops or grazing livestock. Often many small farmers will

each clear a few acres to feed their families by cutting down trees and burning them in a

process known as slash and burn agriculture.10

In the course of time man devised science and technology step by step and depended on

these for improving his living standard the invention of metal, saws and then power saws

greatly accelerated the ability to clear land. This became the prominent since the Industrial

Revolution in the 1800s, forests have been exploited worldwide.11 With the help of science

and technology, man overcame the natural barriers and established the supremacy over the

Nature. He can travel from one part of the world to the other part, in a matter of few hours,

undertake journey to outer space and planets, dive down to the bottom of seas and explore the

wonders and so on. But at the same time the environment became more and more degraded

and polluted. As a result of manmade activities (deforestation, urbanization, industrialisation,

etc.) the quality of environment suffered which has threatened the survival of man himself on

earth.12

Nexus between Deforestation and Environment

Deforestation problem is not only limited to a city or state or country, it is a global

problem, it is the problem of the entire humanity. Since 1915 efforts for formulating humanecology are going on but today the entire global society is beset with the problem 13 due to the

world's rapidly growing population and demands on valuable resources the entire global

society realized that Forests are vital for life on earth. They are not just the green cover we

need to make the earth look beautiful; they have many functions integral for our survival and

sustenance. They function as a resource for many aspects of human life.14Life on Earth is

heavily dependent on the forest cover all around the planet. Besides the fact that these green

wonders make the planet extremely good to look at, they also have a great many features that

are performed by them, most of them which are pivotal to our growth, survival and

10 http://environment.nationalgeographic.com/environment/global-warming/deforestation-overview, accessed on

15-10-201111 http://www.ehow.com/about_5389808_history-deforestation.html, accessed on 15-10-2011.12http://books.google.com/books?

id=OT6Wy88sj9YC&pg=PA11&dq=deforestation+and+industrialisation&hl=en&ei=QoW1TuXlH4fsrAftoqy6Aw&sa=X&oi=book_result&ct=result&resnum=7&ved=0CFQQ6AEwBg#v=onepage&q=deforestation

%20and%20industrialisation&f=false, 15-10-201113R.P. Pathak, Education in the emerging India, Atlantic Publishers & Distributors (P) Ltd, 2007, New Delhi.14

http://www.earthconservation.net/importance-of-forests.html, accessed on 15-10-2011.

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sustenance. From the point of view of human life, they are very important as they provide a

large array of resources that we use in our everyday life15 from this discussion an inference

can be drawn in the words of Einstein who observed that, The environment is everything

that isnt me . Man interacts directly with the natural environment and as a result there

develops a close-set biocultural behaviour patterns which is seen to be integrated with the

daily mode of life of the people concerned. These sets of interrelationship between man and

environment have always been given specific importance in the domain of human science

thus the study of environmental law begins.

However Environment means different things to different things to different people,

Section 2(a) of The Environment (Protection) Act, 1986 affords an inclusive definition of

environment. It says that environment includes water, air and land, and the inter-relationship

amongst water, air, land, and the inter-relationship amongst water, air, land and human

beings, other living creatures, plants, micro-organisms and property. Man interacts directly

with the natural environment and as a result there develops a close-set biocultural behaviour

patterns which is seen to be integrated with the daily mode of life of the people concerned.

The role of the adjustment with the surroundings is the basic factor in human existence. Thus

the forest illustrates a specific ecosystem which is conditioned by a particular kind of

environment having several inorganic and organic factors like includes topography, soil,climate, and various species of plants and animals. The noteworthy feature of this

environmental situation is that all are tied together in an interrelated manner.16

15http://www.earthconservation.net/importance-of-forest-in-our-environment.html, accessed on 15-10-2011.

16 S.N. Ratha, George Pfeffer, Deepak Kumar Behera, Contemporary Society and Tribal Studies, Vol. 1, Page.

264, Concept Publishing Company, New Delhi,1997.

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CHAPTER II

CAUSES AND ITS EFFECT

Forests are precious resource of economic development and environmental stability.

Unknown to many, the Indian nation accounts for the biggest number of the underprivileged

in the entire world, many of whom rely completely or implicitly on green areas for a living.

Poverty, as well as the huge and escalating human population, places indefatigable pressure

on the forested parts of India. The end result is serious dilapidation of the countrys

woodland resources.17 But deforestation is causing a serious threat to the environment,

economy of the country and the quality of life. Unfortunately, the rate of deforestation is high

as compared to the rate of reforestation. Following are the factors responsible for the

deforestation.

(i) Indiscriminate felling of trees (ii) Industrial development (iii)Dam construction for

generating electricity and irrigation (iv)Population increase (v)Urbanization

The effect of deforestation has a direct impact on the environment. The deforestation has effect

on following elements

1. Change in Climatic conditions, which we are being exposed in recent years 2. Loss of

biodiversity 3. Ozone Layer 4. Wildlife 5. Tribal Issues 6. Soil Erosion: 7. Effect on river

systems, changing course of action

Article 21 protects right to life as a Fundamental Right. Enjoyment of life and its

attainment, including their right to life with human dignity, encompasses within its ambit, the

protection and preservation of environment, ecological balance free from pollution of air andwater, sanitation without which life cannot be enjoyed. Any contrary acts or actions would

cause environmental pollution. Therefore, hygienic environment is an integral part of right to

healthy life, and it would be impossible to live with human dignity without a humane and

healthy environment. Environment protection has, therefore, now become a matter of grave

concern for human existence. Promoting environmental protection implies maintenance of

17 http://deforestation-facts.blogspot.com/2011/04/current-trends-deforestation-in-india.html, accessed on 15-

10-2011.

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the environment as a whole comprising the man made and the natural environment.

Therefore, there is Constitutional imperative on the Central Government, state governments,

and bodies like municipalities, not only to ensure and safeguard proper environment, but also

an imperative duty to take adequate measure to promote, protect, and improve the

environmentman made as well as natural environment.

Industrialization, urbanization, explosion of population, over exploitation of

resources, depletion of traditional sources of energy and raw materials, search for new

sources of energy and raw materials, disruption of natural ecological balances, restriction of

multitude of animal and plant species for economic reasons and sometimes for no good

reason at all, are factors which have contributed towards environmental deterioration. While

the scientific and technological progress of man has invested him with immense power over

nature, it has also resulted in the arbitrary use of power over nature, it has also resulted in the

arbitrary use of power over nature. If man is able to transform deserts into oasis, he is also

leaving behind deserts in the place of oasis. Nature and history are two components of the

environment in which we live, move, and prove ourselves.

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CHAPTER- III

SUSTAINABLE FOREST MANAGEMENT

Forests are vital for life on earth. They are not just the green cover we need to make

the earth look beautiful; they have many functions integral for our survival and sustenance.

They function as a resource for many aspects of human life. 18 Life on Earth is heavily

dependent on the forest cover all around the planet. Besides the fact that these green wonders

make the planet extremely good to look at, they also have a great many features that are

performed by them, most of them which are pivotal to our growth, survival and sustenance.

From the point of view of human life, they are very important as they provide a large array of

resources that we use in our everyday life.19

Forests are removable resources and they contribute substantially to the social and

economic development of the country. They have major role to play in enhancing the quality

of our environment. The history of forest is linked with the history of civilization. Forests

have a significant role not only in ensuring the environmental stability but also achieving

economical benefits. Forest is not just a group of trees, but is an ecosystem in itself,

comprising all the living and non-living components. The main living components of a

terrestrial ecosystem are plants dominated by trees, forming the consumer element and

decompresses of the micro organisms. Soil, water, air and sunshine form the non-living

components of a forest/terrestrial ecosystem. These components interact with each other and

evolve the ecological energy cycle which consists of two other cyclic processes, namely

water cycle and matter (organic and inorganic) cycle. These processes maintain the dynamic

equilibrium between the living components and non-living components within an ecosystem.

Environment problems in the developing world are clearly linked to unbalanced

development. Their need for environmental change is very great.

18 Importance of Forests, http://www.earthconservation.net/importance-of-forests.html, accessed on 27-10-2011.19 Forests- Our Allies in Survival,

http://www.earthconservation.net/importance-of-forest-in-our-environment.html, accessed on 27-10-2011.

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Continuous deforestation and the degradation of forests leading to a decline in forest

cover have long been sources of concern for policy makers in India. Indeed, had there not

been such large-scale deforestation and forest degradation in India, it is unlikely that any

policymaker would have given serious thought to the participatory forest management

model. The need of the hour and the backlash of policy failures have led to the emergence of

a new institution and rationale for the origin of a participatory forest management model

within the Indian forestry sector. This section discusses the measures to be taken for the

protection and improvement of the environment.

The Government of India enacted the first post-independence National Forest Policy in

1952, .An attempt to revise rather than entirely reconstruct the pre-ceding forest policy

proposed a functional classification of forests into protection forests, national forests, village

forests and tree-lands, etc., Ecological needs were included in the policy:-

a. To evolve a system of balanced and complimentary land use, to ensure maximum

production with least deterioration.

b. To prohibit-riparian, erosion from waste lands, shifting sand dunes and spreading of

coastal sands.

c. To prohibit denudation of hills and mountains.

d. To satisfy the growing demand of small wood for agricultural implements, fuel wood,

conditions.

e. To develop forests/plantations to ameliorate physical habitat as well as climatic conditions

f. To ensure sustained supply of timber for defence, industry, railway, electric supply,

communication, shipping etc.

g. To realize maximum possible revenue in perpetuity, in addition to needs mentioned

above.

Although this policy in 1952 considered ecological aspects, yet forest was chiefly visualized

as a component for the betterment of the human society. Ecological restoration was never a

priority.

3.1. National Forest Policy, 1988

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The Union Ministry for Environment and Forests announced a new forest policy of India in

1988. The important features of the policy include:-

(a) One third of the total land area of the country should be under the forest

cover. This has been present in National Forest policy of 1952 as well.

However, the strategy to achieve this goal is through afforestation of at

least two-third of the area of hills and mountains to ensure reduced soil

erosion from high altitudes.

(b) The forest should no longer be viewed as a source of revenue, rather its

sustained role to bring ecological balance, environmental sustainability

including atmospheric equilibrium, augmentation of precipitation etc.

needed for the survival of all life forms on the earth including human

being should be the principal idea behind forest management.

(c) Compensatory afforestation has been emphasized in this policy, in the face

of rising diversion of natural forest lands throughout India. The policy

states that construction of dams and reservoirs, mining and expansion of

agriculture should be consistent with the need for conservation of trees

and forests. Projects which involve such diversion, at least provide in theinvestment, budget funds for regeneration/compensatory afforestation.

Regularization of encroachment of Government forests has been

prohibited along with prohibition of mining without adequate

environmental assessment and scientific management measures enforced

by adequate and effective machinery.

(d) Modification of land laws have been recommended in face of necessity

arising from growing motivation (and also to catalize motivation) towards

siliviculture and production of grasses, fodder, leguminous nitrogen fixers

etc. a time bound programme of a huge need based afforestation

throughout the country has been suggested. Waste lands and degraded

lands have been suggested to be utilized for afforestation and other

plantation purposes.

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(e) The policy suggests replacement of contractors by Government

corporations or tribal/labour cooperatives for the removal of timber from

forest areas. Discouragement of grazing and browsing in the forest area

has been suggested.

(f) Conservation of wildlife has been given special importance in the policy.

However, in the Act of 1980 with amendments in 1988, the term non-

forest purpose has been clearly explained. Non.-forest purposes includes

diversion for the cultivation of tea, coffee, rubber plants, spices, oil-

bearing plants, horticultural crops, medicinal plants etc. and any other

purpose except afforestation. However, non-forest does not include

activities related to conservation of natural resources, management and

development of forests and management of wildlife including

establishment of check-posts, security posts, wireless communication,

dams restricted for forestry, waterholes, firelines, trench marks, boundary

marks, fencing, culverts, bridges, salt licks, watch towers, pipelines for

water supply etc. need for the management of the forest.20

In Vellore Citizens Welfare Forum Vs. Union of India and others21, case the Court has

dealt with at length relationship between environment and development and it has given its

approval with regard to sustainable development rather than absolute development or

development at all costs

The 1988 National Forest Policy22 focused on the maintenance of environmental

stability, conservation of natural heritage by preserving the natural forests and meeting the

basic needs of people, and also maintaining the relationship between the tribals and other

dependent people, thus encompassing ecological, economic and social aspects of forest

management. There is however an urgent needs to monitor and ensure proper implementation

of these policy implications. The quantifiable approach like criteria and indicators to monitor

and implement these objectives of sustainability is imperative.

20 Ibid.21 AIR 1996 SC 2715.22

GoI, National Forest Policy, Ministry of Environment and Forests, Government of India, 1988.

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The government now views the role of forestry as a method to manage the

environment and bio-diversity, and a way to meet the needs of the villagers who are staying

near the forests. Forests are no longer seen as a source of supply of raw materials to wood-

based industries the government now realizes that it is not possible to protect and conserve

the forest and meet their mandate of serving the people. As such government issued a

notification in 1990 advising all the states to come up with the Government orders to

establish Joint Management of Forestry in various districts and divisions. In India, out of 26

states 22 states have already issued notifications and joint management forests is moving fast

in those states.

In India there are about 600,000 villages of which 200,000 villages are situated in or

near the forest areas as a stake holders in the process of sustainable management.23

3.2. The Arabari experiments in JFM

The relevance of a give and take principle between the FD and the community surfaced in

the early 1970s. A group of FD personnel realized the importance of peoples participation in

regeneration of degraded Sal(Shorea robusta) forests in Arabari Range of Midnapur district

in the state of West Bengal. This forest rejuvenation strategy was started as an experiment

and later on replicated on a large scale first in this state followed by its adoption in differentparts of country. The West Bengal Forest Department issued the first government order in

1989 to involve village communities in forest protection with provision to give the people

25% of the revenue earned on timber harvested from the protected forest. This successful

experiment led to the development of a new forest management strategy known as Joint

Forest Management (JFM). Communities involved in the management of government

forests in their vicinity under the JFM became known as forest protection committees. This is

the first recorded case of co-management of forests.24

Another successful experiment, which began in 1975 in Sukhomajri, a village in the

state of Haryana, also helped in the conceptualization of participatory forest management.

This experiment was initiated as an integrated watershed development programme by the

23http://books.google.com/books?

id=ztuCqoGIlQC&pg=PA57&dq=forest+management+system+india&hl=en&ei=7Aq4TsCFOoPtrAfexKX4Aw&sa=X&oi=book_result&ct=result&resnum=4&ved=0CEMQ6AEwAw#v=onepage&q=forest

%20management%20system%20india&f=false., accessed on 27-10-2011.

24

www.enviroscope.iges.or.jp/modules/envirolib/upload/371/.../07_India, accessed on 27-10-2011.

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Central Soil & Water Conservation Research & Training Institute (CSWCRTI), Research

Centre, Chandigarh. The emphasis was on rainwater harvesting to enhance irrigation of

cultivated land in Sukhomajri, which faced a severe soil erosion problem. Forestry became an

integral part of the experiment, as the various tree species were planted to protect the

watershed, along with the building of water-harvesting structures for harnessing rainwater.

An unwritten agreement between the CSWCRTI team and villagers was developed for

protecting the catchment of the water-harvesting structures from grazing and illicit cutting in

the area. This was achieved by instituting a Water Users Association subsequently renamed

as Hill Resource Management Society (HRMS). The entire management of this project was

handed over to HRMS, which functioned on the principles of participation.25

With regards to the peoples involvement in the forestry, the Act lays down that it

would be the duty of the forester to awaken the interest of the people in the development,

extension and establishment of tree-lands wherever possible, and to make them tree minded. 26

Successful policies initiated for reforestation/afforestation activities at the micro level

have led to subsequent formulation and implementation of new policies for forest

management for the entire country. At present there are more than 84,000 JFM committees

spread over 27 states, managing 17 million hectares of forests. There are also Self-initiated

Forest Protection Groups protecting and state owned forests in India on the principle of

participatory forestry involved.

But the concept of sustainable forest management is being implemented on the basis

since 2000. The initiative known as the Bhopal-India process, has over the years endeavoured

to formulate a working framework for the achievement of the goals of sustainability specific

to the national forestry conditions. However, the dynamics of forest management in a

developing country is unique, as the multiple uses of forests are clearly felt in a multi-

stakeholder environment. Sustainable development is commonly defined as development that

meets the needs of the present without compromising the ability of future generations to meet

their own needs.27 Sustain-able forest management has been considered as an integral

component of sustainable development since the UNCED Conference at Rio de Janeiro in

25 www.teriin.org/case/jfm.htm, accessed on 30-10-2011.26 Government of India, 1952, National Forest Policy, 1952.27 World Commission on Environment and Development, Our Common Future: The Bruntland Report, Oxford

University Press from the World Commission on Environment and Development, New York, 1987.

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1992, also called the Earth Summit. After the summit28 where international forest principles

were formulated for the first time by world leaders and the first global policy on sustainable

forest management was adopted, the notion of sustainable forest management rapidly gained

interest. Accordingly, the forest resources and lands should be managed sustainably to meet

the social, economic, ecological, cultural and spiritual functions, and for the maintenance and

enhancement of biological diversity. The concept got support and recognition in various

international fora for the management, conservation and sustainable development of all types

of forests.

Sustainable forest management encompasses all the three components of

sustainability, viz. ecological, economic and socio-cultural well-being. It has been defined by

the International Tropical Timber Organization (ITTO) as the process of managing

permanent forest land to achieve one or more clearly specified objectives of forest

management with regard to the production of a continuous flow of desirable forest products

and services without undue reduction of its inherent values and future productivity and

without undue undesirable effects on the physical and social environment.29

Sustainability is not an absolute, independent of human conceptual framework.

Rather, it is always set in the con-text of decisions about what type of system is to be

sustained and over what spatio-temporal scale.30 Given the abstract nature of sustainability,

the criteria and indicators approach provides a framework to define the parameters and goals

of socio-cultural, economic and ecological aspects relating to sustainability and assess

progress towards them.

3.3. Why sustainable forest management?

Increased pressure on forest resources of the country over the last few decades has

threatened the livelihoods of mil-lions of forest-dwellers and other poor people living in the

vicinity of the forests. Forest resources have been important for the prosperity of any nation

and its communities. They are an essential natural resource providing multiple benefits to

people besides other important functions such as biodiversity conservation, global carbon

28 United Nations. Non-legally binding authoritative statement of principles for a global consensus on the

management, conservation and sustainable development of all types of forests. Report of the UN Conference onEnvironment and Development, Rio de Janeiro, 314 June 1992, vol. III.29 ITTO, Criteria And Indicators For Sustainable Forest Management Of Natural Tropical Forests, ITTO

Policy Development Series No. 7, International Tropical Timber Organization, Japan, 1998.30

Ibid.

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storage and a storehouse for future option values. The rich and the poor alike are dependent

on forest resources, directly or indirectly, and forestry in many developing countries,

including India is also seen as a means for eradicating rural poverty and achieving

sustainable development.

The pressure on existing forest resources is immense in India. Having only 2.5% of

the worlds geographic area and 1.85% of the worlds forest area, we have 17% of the

worlds population and 18% of livestock population.31 In this context, it is imperative to

preserve the forests and manage them sustainably, so as to ensure secure livelihood of the

forest dependent communities as well as con-serving our biological diversity.

Recently, as a result of increasing public awareness and various treaties and conventions all

over the world, there is a movement towards accepting only those forest products which have

originated from sustainably managed forests.32It has emerged as a market-based mechanism

in support of sustainable forest management. Certification and eco-labelling are such new

mechanisms enhancing forest-product positioning for a premium price on the one hand, and

ensuring better managing practices for forests on the other.

3.4. Criteria and indicators approach for sustainable forest management

In the forestry sector, there is a paradigm shift from a focus on sustained timber yield

to sustainable forest management, encompassing in it environmental, economic and social

dimensions. The principle of sustained yield is considered as the focus of forest management

ever since the forests were managed on modern scientific basis. It is an accepted norm in

forest management and forms the core of modern, organized forestry. Scientific knowledge is

needed all over the world to effectively address these issues globally and regionally, and to

provide the technical basis for policy decisions.

There have been many international initiatives with potential application to define and

assess sustainable forest management, such as criteria and indicators, life cycle assessment,

costbenefit analysis, knowledge-based systems and environmental impact assessment.33 The

31 NFAP, National Forestry Action Programme India, Ministry of Environment and Forests, Government of

India, New Delhi, 1999.32 Rametsteiner, E. and Simula, M.,Forest Certification An Instrument To Promote Sustainable Forest

Management, J. Environ. Manage., 2003, 67, 8798.33 Baelemans, A. and Muys, B.,A Critical Evaluation Of Environmental Assessment Tools For Sustainable

Forest Management, In Proceedings of the International Conference on Life Cycle Assessment in Agriculture,

Agro-industry and Forestry (ed. Ceuterick, D.), Brussels, 34 December 1998, pp. 6575.

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criteria and indicator method has been widely accepted and immense work has been done

towards its refinement and practical application. Over the years, it has developed as a potent

tool for assessment, monitoring and reporting of sustain-ability of forest resources. Currently,

about 160 countries are participating in nine regional and international processes of

sustainable forest management following the criteria and indicator approach, mostly within

the framework of an international initiative, which are specific to various forestry

conditions.34

The criteria and indicators approach presents a tool for assessing the magnitude and

direction of change in given forestry situations, and this provides critical information to the

forest managers and other actors for forest related decision making. It is an important

framework to assist countries collect, store and disseminate reliable science-based forest

information needed to monitor and assess forest conditions35. Criteria define and characterize

the essential elements, as well as a set of conditions or processes, by which sustainable forest

management may be assessed. The criteria and indicators provide a robust framework not

only to define sustainability in the context of individual countries, but also provide a

mechanism for understanding, monitoring and analysing national and global trends.36 These

are instruments through which progress towards sustainable forest management may be

evaluated and reported. Castenada37

defines criteria as the range of forest values to beaddressed and the essential elements or principles of forest management against which the

sustainability of forests may be assessed. Each criterion relates to a key element of

sustainability and may be de-scribed by one or more indicators. While indicators are

parameters that measure specific quantitative and qualitative attributes and help monitor

trends in the sustainability of forest management over time.

3.5. International initiatives

34 Castaneda, F., Criteria And Indicators For Sustainable Forest Management: International Processes,

Current Status And The Way Ahead, Unasylva, 2000, 203, 3440.35 FAO, State of the worlds forests. Food and Agricultural Organization of the United Nations, Rome, 2003.36 IIFM, Bhopal,India Process For Sustainable Management Of Indian Forests, Indian Institute of Forest

Management, Bhopal, June 2000.37 Castaneda, F., Why national and forest management unit level criteria and indicators for sustainable

management of dry forests in Asia? In Development of National level Criteria and Indicators for theSustainable Management of Dry Forests in Asia:Back-ground Papers (eds Cheng, T. L. and Durst, P. B.), Food

and Agricultural Organization of the United Nations, 2000

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Seven common thematic areas of sustainable forest management have emerged based

on the criteria of the nine ongoing regional and international sustainable forest management

initiatives. These were acknowledged by the international forest community at the fourth

session of the United Nations Forum on Forests (2004) and the 16th session of the

Committee on Forestry (2003). These seven thematic areas include: (i) Extent of forest

resources; (ii)Biological diversity; (iii) Forest health and vitality; (iv) Productive functions of

forest resources; (v) Protective functions of forest resources; (vi) Socio-economic functions,

and (vii) Legal, policy and institutional framework.

The criteria and indicators approach for sustainable forest management was initiated

by the ITTO38. At present, there appears to be growing international consensus on the key

elements of sustainable forest management. There are nine on-going international and/or

regional criteria and indicators initiatives currently, involving approximately 160 countries

with some member-countries participating in more than one process the above mentioned

nine processes39.

3.6. Indian initiative

The criteria and indicators approach developed with development of a specific set of

criteria and indicators for specific forestry conditions through international processes amongthe participating countries. It was realized to develop sustainable forest management in India,

to accomplish establishment of a benchmark for sustainability according to the prevailing

policy framework. The Indian initiative of criteria and indicators approach for sustainable

forest management was spearheaded by the IIFM (Indian Institute of Forest Management) in

collaboration with ITTO and the Ministry of Environment and Forests, Government of

India.40 A total of 8 criteria and 51 indicators specific to Indian forestry conditions were

evolved after a consultative process involving a gamut of stakeholders. The criteria and

indicators of the Bhopal-India process have evolved after a lot of deliberations and field-

testing over the years.

38 ITTO, Criteria For The Measurement Of Sustainable Forest Management, ITTO Policy Development Series

No. 3, International Tropical Timber Organization, Japan, 1992.39 Castaeda, F., PalmbergLerche, C. and Castaneda, P. V., criteria and indicators for sustainable forest

management: a compendium. working paperFM/5, FAO, Rome, Italy, 2001.40 IIFM, Bhopal,India Process For Sustainable Management Of Indian Forests, Indian Institute of Forest

Management, Bhopal, June 2000.

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The implementation of sustainable forest management in a diverse country like India

is a challenging task. To be more effective, criteria and indicators should be incorporated into

national forestry legislations and regulation; not only as voluntary application. Being

analogous with sustainable development, sustainable forest management also has important

implications in the global economic scenario. Besides contributing to environmental, social

and economic well-being of the communities, it also facilitates market-oriented tools like

certification and eco-labelling. This requires active participation and coordination among the

stakeholders for proper implementation. A wider application of criteria and indicators shall

re-quire a long maturity process.

The Ministry of Environment and Forests, Government of India has already created a

Sustainable Forest Management (SFM) Cell in the Ministry in 2006. It is expected to act as a

national-level focal point towards SFM in the country. Discussions are also in an advanced

stage to create SFM Cells in each state. These SFM Cells are expected to act as a nodal point

for all matters related to sustainable forest management in the country and to en-courage

development of national programmes aimed at sustainable utilization and conservation of

forests.

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CHAPTER- VII

CONCLUSION AND SUGGESTIONS

The historic clearing of forests was to allow civilizations to grow and flourish, while

many of the forests cleared today are for economic reasons only. We now know that 80

percent of the worlds ancient forests have been destroyed. This situation has changed

however, and issues surrounding deforestation are known and recognized.

In M.C. Mehta v. Kamal Nath,41, the Supreme Court declared the public trust

doctrine as the part of the law of the land. Under the public trust, doctrine all the

ecosystems operating in our natural resources, comes within its scope. The State is

considered to be the trustee of all natural resources and as a trustee it is under a legal duty

to protect the natural resources. In the judgment of the Court, in the consonance with the

article 48-A of the Constitution which imposes obligation on the State to protect and improve

the environment, wild life and forests.

It may be inferred that law alone cannot help in restoring of a balance in the biosphere

disturbance. Nor can be the principles of awarding more compensation can help effectively.

The situation requires a clear perception and imaginative planning at every stage of

development. It also requires sustained efforts and result oriented strategic action.

The need of the hour is not environmental pollution but environmental

revolution. We must remove from environment vs. development to environment and

development and only then it will be possible to achieve this goal it is necessary that there is

acceptance of responsibility by citizens and communities and by enterprises and institutions

at every level, all sharing equitably in common efforts.

The policy directives issued by the government of India from time to time since the

announcement of the National Forest Policy of 1988 indicate the existence of a learning

curve in the process of implementation of JFM in India. This means that with the passage of

time, policy makers have realized the need for new policy measures for expanding JFM

programmes together with the need for overcoming the constraints in their implementation.

Furthermore, the present analysis of forest policies on participatory forest

management in India reveals the government of Indias determination for the successful

41

(1997) SCC 388.

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implementation and expansion of JFM throughout the country. But such a resolve is

insufficient on its own without the collective effort of all stakeholders, encompassing

governmental and non-governmental organizations. A sound forest policy is necessary in

order to overcome these issues and challenges.

Now the time has also come to streamline the forest policies, rules and regulations

inherited from the colonial period as well as those formulated since independence, in view of

JFM as a major forest management model. On the technical side, emphasis needs to be

placed on the formulation of new and effective silvicultural practices to increase the

productivity of forests managed by village communities for the enhanced harvest of NWFPs.

These corrective measures will synchronize the practices with the basic philosophy and

objectives of participatory forest management. To sum up, these issues and challenges to the

JFM programme in India require in-depth study and analysis for their expeditious resolution.

In overcoming benefit sharing problem, it is important for policy makers to examine

the history of past settlements during rule, wherein forest users were granted certain rights.

These rights should not be abruptly extinguished by imposing new benefit sharing

arrangement under JFM as that will determine the response of village communities to JFM

In conclusion it seems reasonable to say that JFM initiatives are becoming acceptableat various levels of governance in India, and all forests will eventually be managed under the

principles of participatory forests to empower and help poverty alleviation by ensuring the

livelihood security of the forest dependent people.

Laws cannot legislate the attitudes of the people its the people mindset has to be

changed in order to keep our mother earth clean and green.

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